Trade Mark Opposition

During Trade Mark Registration Process, anyone can oppose the trademark within the period of four months from the date of Publication of the Application in the Trade Mark Journal. If the Trade Mark Applicant faces Opposition, he/she has an opportunity to file a counter statement within two months from the date of receipt of notice of Opposition. A Trade Mark may be opposed mainly on the absolute ground of refusal under Section 9 or on relative grounds of refusal under Section 11.

Process

  • OppositionAfter Trade Mark is published in the Trade Mark journal, any person can file a notice of opposition within 4 months from the date of publication.
  • Counter StatementThe Applicant can file the counter- statement within two months of the receipt of Trade Mark notice of opposition. If not filed within the stipulated time, the Trade Mark Application is deemed to be abandoned.
  • HearingAfter Counter Statements and Evidences are filed, Registrar can call the Applicant and Opponent for a hearing.
  • Registration or RejectionIf the Registrar is satisfied with the evidences provided by the Applicant, the Trade Mark may be registered and Registration Certificate can accordingly be issued. On the other hand, if the Registrar is not satisfied, the Trade Mark application may be rejected.

Timelines

 

Documents Required

  • Power of Attorney